Al Musawah Akad Mu'awadhat in Build Operate and Transfer as a Partnership Association of Infrastructure Cooperation Contracts

Abstract

This article discusses the development of principles and characteristics of the principle of al musawah akad mu'adhat in infrastructure construction contracts based on a system of Build Operate and Transfer (BOT). This is very urgent, because of the existence of Law of Local Government, the local level authorities have been given the power to establish the development of the local through the utilization of all natural potentials from each region, such as land. However, in reality, as the APBD (Anggaran Pendapatan dan Belanja Daerah) is limited, private sector need to be involved. One of the method that can be implemented, is through the collaboration that exist in the form of agreement, by using the system Build Operate and Transfer (BOT). The implementation of Build Operate and (BOT) in a form of agreement, must contain the basis of al-musawah akad mu'awadhat as the basis of an unfulfilled agreement. The best way to find the answer regarding the basis of al-musawah akad mu'awadat that is associated with this Build Operate and Transfer (BOT) system is by using library research method. If this basis is not fulfilled, the collaboration efficiency between two parties will be affected.